Chapter 21.76 — NONCONFORMING STRUCTURES

Legally nonconforming buildings and structures may continue to be used and maintained subject to the following limitations:

A.

General. Additions or alterations are allowed unless such additions or alterations would increase the deviation between the existing nonconforming situation and the code requirement or would create a new nonconforming situation.

B.

Alterations. Additions or alterations that extend a nonconforming setback or structure height are allowed only upon approval of a site plan modification. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)) as well as find that that such extension does not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood.

C.

Force Majeure. If any legally nonconforming building or structure is damaged by fire, earthquake, explosion, or other force majeure to an extent of more than seventy-five percent of the gross floor area of the structure(s), as determined by the building official, such building or structure shall only be rebuilt to conform to the present code requirements. However, any property owner seeking to rebuild any such building or structure to the condition existing prior to occurrence of a fire, earthquake, explosion, or other force majeure shall apply for a development plan modification pursuant to the provisions of Section 21.16.020 (Development Plan Modifications). In addition to the required findings for approval of a development plan modification, findings shall also be made that restoring the building or structure to the previous state of nonconformity would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

D.

Purposeful Destruction. If any legally nonconforming building or structure is damaged by a purposeful act of destruction to an extent of more than fifty percent of the gross floor area of the structure(s), as determined by the building official, such damaged portions of the building or structure shall only be rebuilt to conform to the present code requirements. Full restoration may be made to the previous state of nonconformity subject to approval of a development plan modification (Section 21.16.020). In addition to the required findings for approval of a development plan modification, findings shall also be made that restoration would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

E.

Lot Line Adjustments. If the legally nonconforming buildings or structures do not meet the zoning district requirements for setbacks, including situations in which buildings or structures are located across property lines, and the owner of the nonconforming buildings or structures and the owner of the adjacent property seek to reduce the nonconforming situation via the filing of a lot line adjustment application, and if it can be demonstrated that the lot line adjustment does not increase the deviation between the existing nonconforming situation and the code requirement or create a new nonconforming situation, then, subject to approval of a conditional use permit, including any conditions deemed necessary to protect the public health, safety, and welfare, the planning commission may approve such a lot line adjustment.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Notwithstanding the provisions of Section 21.76.010(C), any multi-family residential development that is nonconforming with regard to maximum allowed density and is damaged to any extent by fire, earthquake, explosion, or other act not attributed to a purposeful act of destruction may be rebuilt to include the same number of units that existed prior to the occurrence of such destructive act.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of ordinances then effective and upon which actual construction has been started, provided that in all such cases actual construction shall be diligently carried on until completion of the building in accordance with approved plans.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.77 - NONCONFORMING USES

Legally nonconforming land uses may continue to be operated and maintained subject to the following limitations:

A.

The site or building areas in which they are located shall not be enlarged or increased. Exception: Subject to approval of a conditional use permit, additions may be made to residential dwelling units in commercial and industrial districts, provided that said addition shall not increase the number of dwelling units on a property, including the addition of any accessory dwelling unit.

B.

The intensity or level of use or activity shall not be increased in terms of hours of operation, daily generation of vehicle trips, or other metric determined by the zoning administrator based on the use.

C.

If a nonconforming use is abandoned for a period of twelve or more consecutive months, such use shall neither be reestablished nor resume operation, and subsequent land uses shall conform to the general and zoning district regulations of this title. The lack of a valid city business license for the nonconforming use for a period exceeding twelve months shall be evidence of abandonment of use.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.77.020 - Destruction of a structure containing a legal nonconforming use.

A.

If the building(s) or structure(s) in which a legal nonconforming use is located is damaged by fire, earthquake, explosion, or other force majeure not attributed to a purposeful act of destruction to an extent of more than fifty percent of the gross floor area of the structure(s), the use shall neither be continued nor be reestablished at that location. Exception: If the nonconforming use consists of residential dwellings in a commercial or industrial zoning district subject to approval of a conditional use permit, any dwellings may be rebuilt if doing so would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

B.

If the buildings or structures containing a legal nonconforming use are damaged by a purposeful act of destruction, the use may not be re-established.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.78 - OTHER NONCONFORMING PROVISIONS

21.78.010 - Nonconforming parking.

A.

Industrial, Commercial, and Other Nonresidential Developments.

1.

For industrial, commercial, and other nonresidential developments that are legally nonconforming only as to the regulations relating to off-street parking and loading facilities, such uses may be continued in the same manner as if the parking and loading facilities were conforming, except as needed to comply with Americans with Disabilities Act (ADA) and any applicable state or local disability access statute. However, such parking and loading facilities as do exist may not be further reduced with respect to number provided, dimensions, and any other relevant requirement.

2.

Any building addition or increase in the intensity of use of any building, structure, or premises shall provide parking for such addition or increase in intensity that conforms to the requirements of this title.

B.

Multi-family Residential Development. For any multi-family residential development that does not provide parking in compliance with the requirements this title, the following shall apply:

1.

On lots greater than nine thousand square feet in area and sixty-five feet in width, with residential dwellings with one parking space in a garage or carport, the square footage of any individual unit may be increased up to forty percent without requiring a second parking space in a garage or carport.

For residential units with no parking spaces provided, any addition to a unit shall require provision of at least one parking space in a garage or carport or as a designated, uncovered space.

3.

Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010(D) below.

4.

On lots greater than nine thousand square feet in area and sixty-five feet in width, with residential dwellings with one parking space in a garage or carport, the square footage of any individual unit may be increased up to forty percent without requiring a second parking space in a garage or carport.

5.

For residential units with no parking spaces provided, any addition to a unit shall require provision of at least one parking space in a garage or carport or as a designated, uncovered space.

6.

Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010(D) below.

C.

Single-family Residential Units. For any single-family residence that does not provide parking in compliance with the requirements of this title, the following shall apply:

1.

For a residential unit with only one parking space in a garage or carport, the square footage may be increased up to twenty percent or five hundred square feet, whichever is less, without requiring a second parking space in a garage or carport.

2.

For a residential unit with no parking spaces provided, any addition to that unit shall require provision of at least one parking space in a garage or carport.

3.

Exceptions for accessory dwelling units and urban dwelling units shall apply as specified in Subsections 21.78.010(D) and 21.78.010(E) below, respectively.

D.

Accessory Dwelling Units. The parking provisions associated with accessory dwelling units as specified in Subsection 21.58.060(H) (Parking) shall apply with respect to accessory dwelling units and the associated primary structures.

E.

Urban Dwelling Units. The parking provisions associated with urban dwelling units as specified in Paragraph 21.65.050(F)8. (Parking) shall apply with respect to the urban dwelling unit and, as applicable, to the associated primary structures.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024; Ord. No. 1151 N.S., § 5(Exh. B, § 1), 11-19-2024)

Any fence or wall that is legally nonconforming with respect to height, materials, or absence where required shall be brought into compliance with the provisions of this title in the following circumstances:

A.

For single-family residential uses, a legal nonconformity is allowed to be maintained in all circumstances.

B.

For multi-family residential uses, the fence or wall shall be made to conform at the time of any increased density or additional of dwelling units on the premises.

C.

For commercial, industrial, or other nonresidential use, the fence or wall shall be made to conform at the time of any increased intensity of use of additional square footage exceed one thousand square feet on the premises.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.78.030 - Nonconforming landscaping.

A.

Nonconforming Landscape Materials and/or Irrigation.

1.

Where a development or use in a nonresidential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of twenty-five percent of the gross square footage of all existing buildings.

2.

Where a development or use in a residential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of fifty percent of the gross square footage of all existing buildings.

B.

Nonconforming Landscape Screening. Where a development or use lacks required landscape screening or has landscape screening that does not conform to the requirements of this title, such landscape screening shall be brought into compliance at the time of any onsite physical expansion of a building(s).

C.

Removal or Abandonment of Turf. Removal or abandonment of turf that is not being used for active recreational purposes shall not be allowed to be replaced except as allowed by Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.78.040 - Nonconforming lighting.

See Paragraph 21.82.010(B)2. (Nonconforming Lighting).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.78.050 - Nonconforming signs.

See Section 21.52.100 (Nonconforming Signs - Copy Changes).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

ARTICLE 8. - ENVIRONMENTAL STANDARDS Chapter 21.80 - FLOODPLAIN MANAGEMENT

21.80.010 - Purpose and applicability.

A.

Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow), or flood related erosion areas. These regulations are designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B.

Applicability. This chapter shall apply to all areas of special flood hazards (as defined in Section 21.80.030) within the jurisdiction of the city.

C.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the city of El Paso de Robles, California (San Luis Obispo County) dated March 16, 1981 with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated September 16, 1981, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. The FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs, and FBFMs are on file at the office of the City Engineer, City Hall, located at 1000 Spring Street, El Paso de Robles, CA 93446.

D.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.80.020 - Statutory authorization, findings of fact, and methods of reducing flood losses.

A.

Statutory Authorization. The Legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council does adopt the following floodplain management regulations.

B.

Findings of Fact.

1.

The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses.

C.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to:

1.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights, or flood velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplain, stream channels, and natural protective barriers which help accommodate or channel flood waters;

4.

Control filling, grading, dredging, and other development which may increase flood damage;

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Definitions included in this section that are also defined in Chapter 21.92 (General Definitions) shall be applicable only to Chapter 21.80 (Floodplain Management).

A.

A Zone. See "Special flood hazard area."

B.

"Accessory structure" means a structure that is either:

1.

Solely for the parking of no more than two cars; or

2.

A small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.

C.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

D.

"Agricultural structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

E.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

F.

"Alteration of watercourse" means a dam, impoundment, channel relocation, change in channel capacity, or any other form of modification which may alter, impede, retard, or change the direction and/or velocity of the riverine flow during conditions of the base flood.

G.

"Apex" means the point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

H.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

I.

"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

J.

Area of Special Flood Hazard. See "Special flood hazard area."

K.

"ASCE24" means the standard flood resistant design and construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA.

L.

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). Base flood is the term used throughout this chapter.

M.

"Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

N.

"Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

O.

"Breakaway wall" means a wall that is not part of the structural support of a structure and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the structure or supporting foundation system.

P.

Building. See "Structure."

Q.

"Design flood elevation" means the elevation of the highest flood (generally the base flood elevation including freeboard) that a retrofitting method is designed to protect against. Also referred to as "flood protection elevation".

R.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.

S.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, structures, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.

T.

"Exceptional hardship" means for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

U.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 30, 1977.

V.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the

installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

W.

"Flood," "flooding," or "floodwater" means:

1.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (for example, mudflows), see "mudslides"; and

2.

The condition resulting from flood-related erosion, see "flood-related erosion."

X.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

Y.

"Flood control project" means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

Z.

"Flood damage-resistant material" means any building product (material, component, or system) capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage.

AA.

"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

BB.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

CC.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

DD.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source, see "flooding."

EE.

"Floodplain administrator" is the community individual appointed by title to administer and enforce the floodplain management regulations.

FF.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

GG.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other application of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

HH.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

II.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

JJ.

"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

KK.

"Fraud and victimization" as related to Section 21.80.150 (Appeals) means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed structure adds to government responsibilities and remains a part of the community for fifty to one hundred years. Structures that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

LL.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include longterm storage or related manufacturing facilities.

MM.

Hardship. See "exceptional hardship."

NN.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed wails of a structure.

OO.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed in the Paso Robles Historic Resources Inventory (Section 21.62.030 [Criteria for Designation of Historic Resources]).

PP.

"Letter of map change" means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

1.

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2.

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3.

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

4.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

QQ.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

RR.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

SS.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition). An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a structure's lowest floor provided it conforms to applicable nonelevation design requirements including, but not limited to:

1.

The flood opening standards in Section 21.80.080(C)3. of this chapter;

2.

The anchoring standards in Section 21.80.080(A) of this chapter;

3.

The construction materials and methods standards in Section 21.80.080(B) of this chapter;

4.

The standards for utilities in Section 21.80.090 of this chapter.

TT.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

UU.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

VV.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

1.

The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

2.

The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.

3.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

WW.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

XX.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after June 30, 1977, and includes any subsequent improvements to such structures.

YY.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 30, 1977.

ZZ.

"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

AAA.

"Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter,

impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

BBB.

One hundred year flood. See "Base flood."

CCC.

"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

1.

"Recreational vehicle" means a vehicle which is: Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

DDD.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

EEE.

"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

FFF.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

GGG.

Sheet flow area. See "area of shallow flooding."

HHH.

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1—A30, AE, A99, or AH.

III.

"Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure.

JJJ.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

KKK.

"Substantial damage" means:

1.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred; or

2.

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss."

LLL.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

MMM.

"Utility and miscellaneous group U" means buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in the building code.

NNN.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

OOO.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

PPP.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum. (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

QQQ.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

B.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the city of Paso Robles; and

3.

Viewed neither to limit nor repeal any other powers granted under state statutes.

C.

Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses allowed within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, city council, any of officer or employee thereof, the state of California, or Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Development Plan Required. A development plan (Chapter 21.16) shall be obtained before any construction or other development begins within any area of special flood hazard established in Subsection 21.80.010(C) of this chapter. An application for a development permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). In addition to those requirements, the applicant shall provide the following minimum information:

1.

Plans, drawn to scale, in accordance with city engineering standards, showing:

a.

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

b.

Proposed locations of water supply, sanitary sewer, and other utilities;

c.

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

d.

Location of the regulatory floodway when applicable;

e.

Base flood elevation information as specified in Section 21.80.010(C) and Section 21.80.070(C) of this chapter;

f.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

g.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 21.80.080(C)2. of this chapter and detailed in FEMA Technical Bulletin TB 3-93; and

h.

Additional information as required by the floodplain administrator or their delegate.

2.

Certification from a registered civil engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in Section 21.80.080(C)2. of this chapter.

3.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 21.80.080(C)3. of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

5.

All appropriate certifications listed in Section 21.80.070(E) of this chapter.

B.

Other Permits Required. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the floodplain administrator. Such permits include but are not limited to those required by the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the United States Army Corps of Engineers; Section 404 of the Clean Water Act.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city engineer is appointed as the floodplain administrator to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A.

Permit Review. Review all development permits to determine:

1.

Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2.

All other required state and federal permits have been obtained;

The site is reasonably safe from flooding; and

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point within the city of El Paso de Robles; and

5.

All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B.

Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such structures, the floodplain administrator, in coordination with the building official, shall:

1.

Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the structure before the start of construction of the proposed work; in the case of repair, the market value of the structure shall be the market value before the damage occurred and before any repairs are made.

2.

Compare the cost to perform the improvement, the cost to repair the damaged structure to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the structure.

3.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

4.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

C.

Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Subsection 21.80.010(C) of this chapter, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 21.80.100 through 21.80.150 of this chapter.

NOTE: A base flood elevation shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (onehundred-year) Flood Elevations" dated July 1995.

D.

Notification of Other Agencies.

1.

In alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b.

Submit evidence of such notification to the Federal Emergency Management Agency; and

c.

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

2.

Base flood elevation changes due to physical alterations:

a.

Applicants who submit hydrologic and hydraulic engineering analyses to support permit applications shall submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

b.

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

Certification required by Sections 21.80.080(C)1. and 21.80.110 (Standards for Manufactured Homes) of this chapter (lowest floor elevations);

2.

Certification required by Section 21.80.080(C)2. of this chapter (elevation or flood proofing of nonresidential structures);

3.

Certification required by Section 21.80.080(C)3. of this chapter (wet floodproofing standard);

4.

Certification of elevation required by Section 21.80.100(A)3. of this chapter (subdivisions and other proposed development standards);

5.

Certification required by Section 21.80.130(B) of this chapter (floodway encroachments); and

6.

In addition to the requirements of the building code and Appendix G, and regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building code, including flood insurance studies, flood insurance rate maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building code and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building code.

F.

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 21.80.150 (Appeals) of this chapter.

G.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 21.80.040(A) of this chapter.

H.

Biennial Report. Complete and submit biennial report to FEMA.

I.

Planning. Ensure community's general plan is consistent with floodplain management objectives herein.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In all areas of special flood hazards the following standards are required:

A.

Anchoring. All new construction and substantial improvements, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

Construction Materials and Methods. All new construction and substantial improvement of structures, including manufactured homes, shall be constructed:

1.

With flood damage-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2.

Using methods and practices that minimize flood damage;

3.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C.

Elevation and Floodproofing.

1.

Residential Construction. All new construction or substantial improvements of residential structures, shall have the lowest floor, including basement:

a.

In AE, AH, A1-30 zones, elevated two feet above the base flood elevation.

b.

In an AO zone, elevated above the highest adjacent grade to a height two feet above the depth number specified in feet on the FIRM, or elevated at least four feet above the highest adjacent grade if no depth number is specified.

c.

In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated two feet above the base flood elevation; as determined under Section 21.80.070(C). Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2.

Nonresidential Construction. All new construction or substantial improvements of nonresidential structures, shall either be elevated to conform with Subsection C.1. of this section or:

a.

Be floodproofed below the elevation recommended under Subsection C.1. of this section so that the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the standards of Subparagraphs 21.80.080(C)2.a. and 21.80.080(C)2.b. of this section are satisfied. Such certification shall be provided to the floodplain administrator.

3.

Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

a.

For non-engineered openings:

i.

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding,

ii.

The bottom of all openings shall be no higher than one foot above grade,

iii.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater, and

iv.

Structures with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or

b.

Be certified by a registered civil engineer or architect.

4.

Manufactured Homes. Manufactured homes shall meet the standards in Section 21.80.110 (Standards for Manufactured Homes) of this chapter.

5.

Garages and Low Cost Accessory Structures.

a.

Attached Garages.

i.

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, shall be designed to allow for the automatic entry of floodwaters. See Paragraph 21.80.080(C)3. of this section. Areas of the garage below the BFE must be constructed with flood damage resistant materials. See Subsection 21.80.080(B) of this section.

ii.

A garage attached to a nonresidential structure shall meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

b.

Detached Garages and Accessory Structures.

i.

Accessory structures used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 21.80.030 (Definitions), may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

(a)

Use of the accessory structure must be limited to parking or limited storage;

(b)

The portions of the accessory structure located below the BFE must be built using flood damage-resistant materials;

(c)

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(d)

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(e)

The accessory structure must comply with floodplain encroachment provisions in Section 21.80.130 (Floodways); and

(f)

The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with Paragraph 21.80.080(C)3.

ii.

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section.

6.

Crawlspace Construction. This paragraph applies to structures with crawl spaces up to two feet below grade. Belowgrade crawl space construction in accordance with the requirements listed below will not be considered basements.

a.

The building must be designed and adequately anchored to resist floatation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;

b.

The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;

c.

Crawl space construction is not allowed in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones;

d.

Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE;

e.

Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions; and

f.

Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

i.

The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01,

ii.

The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point,

iii.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed seventy-two hours, and

iv.

The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1.

Infiltration of floodwaters into the systems; and

2.

Discharge from the systems into flood hazards.

B.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.80.100 - Standards for subdivisions and other proposed development.

A.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions shall:

1.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

2.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMRF) to the floodplain administrator:

a.

Lowest floor elevation;

b.

Pad elevation;

c.

Lowest adjacent grade.

B.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.80.110 - Standards for manufactured homes.

A.

All manufactured homes that are placed or substantially improved on sites located:

1.

Outside of a manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to an existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall, within zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is

elevated two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

B.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of Subsection 21.80.110(A) of this section of this chapter will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement, and be elevated so that either the:

1.

Lowest floor of the manufactured home is at least two feet above the base flood elevation; or

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

All recreational vehicles placed on sites within zones A1-30, AH, and AE will either:

A.

Be on the site for fewer than one hundred eighty consecutive days; or

B.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

C.

Meet the permit requirements of Section 21.80.050 (Permits Required) of this chapter and the elevation and anchoring requirements for manufactured homes in Subsection 21.80.110(A) of this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be allowed within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the

proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city.

B.

Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered civil engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

C.

If subsections A. and B. of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 21.80.080 through 21.80.130 of this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.80.140 - Variance procedures for floodplains.

A.

Nature of Variances.

1.

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

2.

It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B.

Conditions for Variances.

1.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of 0.5 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 21.80.050 through

21.80.070 and 21.80.080 through 21.80.130 of this chapter have been fully considered. As the lot size increases beyond 0.5 acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance.

5.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and

b.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the San Luis Obispo County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Review Authority. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

B.

Decision Factors. In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1.

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger of life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4.

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

C.

Decision. Variances shall only be issued upon a:

Showing of good and sufficient cause;

2.

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 21.80.030 of this chapter) to the applicant; and

3.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in section 21.14.050 of this chapter, see "public safety or nuisance"), cause fraud or victimization (as defined in Section 21.80.030 of this chapter) of the public, or conflict with existing local laws or ordinances.

D.

Approval. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

E.

Conditions. Upon consideration of the factors of Section 21.80.140(B)1. of this chapter and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)